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2022 Supreme(Raj) 2547

NARENDRA SINGH DHADDHA
Krishna Murari @ Manish – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Vishram Prajapati, Advocate, for the Petitioner
Mr. Shyam Prakash Sharma, PP, for the Respondent

JUDGMENT

1. The instant writ petition has been preferred by the convict petitioner Krishna Murari @ Manish for assailing the adverse recommendations dated 15.07.2021 issued by the Open Air Committee, Government of Rajasthan, Jaipur whereby, the application preferred by the convict petitioner for being sent to the Open Air Camp was rejected.

2. Learned counsel for the petitioner submits that petitioner is eligible for transferring the Open Air Camp. As per the seniority, he fulfills all the requisite qualifications for availing Open Air Camp. Learned counsel for the petitioner also submits that the petitioner had preferred D. B. Criminal Appeal No.76/2019 against the conviction order which is pending in this Court. Learned counsel for the petitioner also submits that case of the petitioner for transferring the Open Air Camp was placed before the Prisoners Open Air Camp Advisory Committee and Committee rejected the case of the petitioner on the ground that as per Rule 6(A) of Rajasthan Open Air Camp Rules, 1972 petitioner is not eligible for granting Open Air Camp reasons given by Committee that the petitioner was convicted for the offence under Sections 306 and 376(D) IPC and 3/4 & 11

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